- 1 - NC: 2025:KHC:4043 WP No. 1904 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1904 OF 2025 (LB-RES) BETWEEN: 1. SHIVANNA GOWDA @ SHIVA S/O MUDDE GOWDA AGED ABOUT 56 YEARS, R/O KALLAHALLI VILLAGE SIRIYUR, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577301 …PETITIONER (BY SRI.N.RAMAKRISHNA., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT M S BUILDING , DR AMBEDKAR VEEDHI, BENGALURU - 560001 2. THE CHIEF EXECUTIVE OFFICER SHIMOGA ZILLA PANCHAYAT SHIMOGA DISTRICT - 577201 3. THE TAHASILDAR BHADRAVATHI TALUK, SHIVAMOGGA - 577301 4. THE PANCHAYATH DEVELOPMENT OFFICER (PDO) KALLAHALLI GRAMA PANCHAYAT SIRIYUR VILLAGE, KALLAHALLI, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577301 …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1 & R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4043 WP No. 1904 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE COMPLIANCE REPORT OF THE R4, BEARING NO. R.CR- 22/2021-22 DATED 14/1/2022 IN SO FAR AS PETITIONER IS CONCERNED PRODUCED AT ANNEXURE-D AND KINDLY ISSUE APPROPRIATE DIRECTIONS AGAINST THE R4 ON HIS ILLEGAL ACTION DATED 13/11/2024 PRODUCED THE PHOTOGRAPHS AT ANNEXURE-F-F-1 AND F2, AND KINDLY BE DIRECT THE R4 TO PAY THE COMPENSATION OF RS. 20,00,000/ TO THE PETITIONER FOR HIS ILLEGAL ACTION BY DESTROYING THE 700 ARECANUT TREES OF THE PETITIONER WITHOUT ANY DE COURSE OF LAW AND PRAY FOR TO PASS SUCH ANY OTHER ORDER OR DIRECTION, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is for quashing of Annexure-D which is an endorsement to the effect that possession of land bearing Sy.No.3 measuring 12 acres 9 guntas has been taken over and handed over to Panchayat Development Officer (PDO) of Kallahalli Gram Panchayat. - 3 - NC: 2025:KHC:4043 WP No. 1904 of 2025 2. The further prayer is to issue an appropriate direction against respondent No.4 for his alleged illegal action taken on 13.11.2024 and for payment of a compensation of Rs.20,00,000/- for destroying 700 arecanut trees. 3. It is not in dispute that the petitioner is already before the Civil Court in O.S. No.453/2022 seeking for a decree of injunction. 4. In my view, it would be appropriate for the petitioner to seek for a declaration that Annexure-D is non est and possession was never taken over under Annexure-D in the very suit that is filed by him. Therefore, reserving liberty to the petitioner to amend his suit and to seek for an appropriate declaration regarding Annexure-D and also permit him to raise a claim for damages, this Writ Petition is dismissed. - 4 - NC: 2025:KHC:4043 WP No. 1904 of 2025 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM, List No.: 1 Sl No.: 26